Terms & Conditions

Terms & Conditions

TRECARNENGINEERINGLIMITEDTERMSANDCONDITIONS OF SALEANDDELIVERY

1) TERMSANDCONDITIONS

1. Quotations are issued, Orders accepted and all goods are sold on the basis of the Terms and Conditions herein. No variation or deletion of or addition to any other Conditions herein shall be valid unless expressly confirmed in writing by the Company.

2. You should read these terms and conditions before placing an order, and by placing an order you will be deemed to have accepted them and to be bound by them, whether or not you have read them.

2) DEFINITIONS

1. ‘Customer’ means the party identified as the Customer in this Agreement to whom Trecarn Engineering Ltd may agree to supply Products in accordance with these terms and conditions. 2. ‘Trecarn Engineering Ltd’ means Trecarn Engineering Ltd, Marquis Drive, Rawdon Business Park, Moira, Derbyshire, DE12 6EJ. 3. ‘Products’ means goods or services provided by TRECARNENGINEERINGLTD to the Customer in accordance with these terms and conditions.

3) ORDERS

1. All contracts of sale made by TRECARNENGINEERINGLTD shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (‘the Customer’) with whom TRECARNENGINEERINGLTD is dealing.

2. All orders are subject to availability and confirmation by TRECARNENGINEERING. Orders once placed with TRECARNENGINEERINGLIMITED cannot be cancelled, deferred or altered by the Buyer, except by mutual agreement, when a handling charge may be imposed.

3. We do not warrant the suitability of goods for a particular purpose. Specifications are intended as a guideline only and you should check specifications and suitability with manufacturers before ordering.

4) DELIVERY

1. Agreed delivery times commence from the date on which the Company accepts the Order and payment has cleared, in the case of Pro-Forma invoice. The Company undertakes to make every endeavour to adhere to its delivery schedule. Such schedule is not, however, guaranteed or to be deemed to be of the essence of the Contract, and the Company shall in no case be liable for any losses resulting directly or indirectly there from, howsoever caused, and any delay in delivery shall not be sufficient case for cancellation by the Buyer.

2. The Company reserves the right to make partial deliveries.

3. The Company, if requested by the Buyer, will deliver or arrange delivery, direct to the Buyer’s customer. This is when the risks of loss, breakage and all damage shall pass to the Customer. Any problems must be notified within 7 days of requested despatch.

5) PRICES

1. Unless otherwise agreed in writing all prices of goods are net ex-works and are exclusive of carriage, packing charges and VAT.

6) PAYMENT

1. Payment will be taken at point of order unless the Customer has a credit account with TRECARNENGINEERINGLTD. If the Customer does have a credit account, the terms of TRECARNENGINEERINGLTD are 30 days from the end of the month of invoice date, and, unless mutually agreed in writing to the contrary, must be strictly adhered to.

2. If payment is not made on time, TRECARNENGINEERINGLTD may charge interest daily on the outstanding balance at 4% above Lloyds Bank base lending rate.

7) TITLE

1. Until payment is made in full in accordance with the terms of this Contract the ownership of the goods shall remain with the Company and, where payment is made by cheque, it shall not be treated as a sufficient discharge until the same has been cleared.

2. Until such time as the title in the Products passes to the customer, the Customer shall hold the Products as TRECARNENGINEERING LTD’s fiduciary agent and bailee, and shall keep the Products properly stored, protected and insured and identified as TRECARNENGINEERING LTD’s property.

3. Until such time as the title in the Products passes to the Customer (and provided the Products are still in existence and have not been resold), TRECARNENGINEERINGLTD shall be entitled at any time to require the Products to be delivered to TRECARNENGINEERINGLTD and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Products are stored and repossess the Products.

4. The Customer’s right to use such Products shall immediately cease if an Administrative Receiver is appointed over all or any part of its assets or if it adjudicated bankrupt or enters into liquidation whether compulsory or voluntary, or if the Customer makes an arrangement with its creditors, or generally becomes unable to pay its debts within the meaning of Section 123 Insolvency Act 1986 as from time to time amended, extended or re-enacted.

5. On termination of the Customer’s right to use the Products the Customer will immediately hold the Products to the order of TRECARNENGINEERINGLTD.

6. The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of TRECARNENGINEERINGLTD, but if the Customer does so, all monies owing by the Customer to TRECARNENGINEERINGLTD shall (without prejudice to any other right or remedy of TRECARNENGINEERINGLTD) forthwith become due and payable.

7. TRECARNENGINEERINGLTD reserves the right to cease supplies of Products to the Customer at any time. On such cessation of supplies, TRECARNENGINEERINGLTD reserves the right to withdraw any credit facility such that the whole of the Customer’s account becomes due for payment forthwith.

8) ACCEPTANCE OF GOODS

1. Unless within 10 days of the date of invoice the Company is notified in writing to the contrary, products shall be deemed to have been accepted by the Buyer.

9) RETURNS

1. We believe that you will be delighted with your order but there may be occasions where you feel it necessary to return an item. On such occasion, the Customer should contact TRECARNENGINEERINGLTD to discuss a return agreement. These terms do not affect your statutory rights. 2. Your statutory rights under the ‘The Sale of Goods Act 1979’ (including amendments) are fully supported by Trecarn Engineering Ltd. The ‘Consumer Protection (Distance Selling) Regulations 2000’ do not apply to business purchases. 3. If you are a business customer, you may return any unopened goods, in original condition, which can be sold again ‘as new’.

10) WARRANTY

1. To the best of TRECARNENGINEERING LTD’s knowledge, all Products supplied by TRECARNENGINEERINGLTD are warranted to be free from defects in workmanship and materials.

2. All parts are sent out in perfect order and condition. Our liability is limited to making good any defect developing in the goods under proper use during a normal working week, and where applicable, working under the conditions stated in any quotation and arising solely from faulty design, materials or workmanship within a period of twelve calendar months after the goods have been dispatched. Our liability is dependent also upon notification of the defect to TRECARNENGINEERINGLIMITED in writing and the prompt return, carriage paid, to the premises of the Company. You are entitled only to such benefits as we may receive under any guarantee from the manufacturer of such goods.

3. This warranty shall not apply if the Products have been worked upon, altered or damaged in any way by the Customer or its employees or agents.

11) HEALTHANDSAFETY

1. In accordance with the Health and Safety at Work etc Act 1974 and the Customer Protection Act 1987, TRECARNENGINEERINGLTD confirms that to the best of its knowledge the Products it supplies as a distributor do not present a hazard to health and safety when properly used for the purpose for which they are designed, provided the Customer takes reasonable and normal precautions in their use.

12) GENERAL

1. If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.

2. Any waiver of a breach of this Agreement must be in writing and shall not constitute a subsequent waiver of any such right, requirement or default. Any failure by a party to exercise its rights or remedies under these terms and conditions shall not operate as a waiver of such rights or remedies.

3. TRECARNENGINEERINGLTD reserves the right to amend these terms and conditions.

4. The headings are for convenience only and shall not affect the interpretation of this agreement.

5. TRECARNENGINEERINGLTD may collect customer personal information to enable us to provide various products and services in accordance with customer requirements.

6. All disputes arising out of or in connection with this Contract shall be governed by English Law.

7. These Terms and Conditions do not affect consumers’ statutory rights.

If you have any queries or comments please do not hesitate to contact us; By phone on 01283 554 780 By fax on 01283 554 781